We are going to see the differences and the similarities between the recent cohabitation contract in Greece and the PACS in france which are forms of civil union, marriage. This comparative study will be based on the greek bill about the cohabitation pact and the french bill concerning the PACS. The civil solidarity pact is a form of civil union.This is a contract under the French law. The law establishing the PACS was passed in 1999 under the Jospin government. The PACS is a contractual partnership between two adults (partners), regardless of their sex, whose purpose is to organize their common life. This text is born of a desire to fill the legal vacuum surrounding unmarried couples, including homosexuals. Unlike marriage, the PACS is open to the same-sex couples. It provides a comprehensive legal framework, unlike cohabitation, which is a simple union of fact devoid of any status, with more flexibility than marriage, an institution carefully regulated for the purpose of founding a family.
[...] Succession rights in the PACS and in the cohabitation contract On a fiscal and social plan, partner who is involved in a PACS is almost equivalent to the married partner. But in matters of succession, the situation is more complex. Contrary to the surviving spouse, partner involved in a PACS is not an heir of his partner. If he wants to collect a part of the goods of the dead partner, the will is essential. Each partner would naturally write one. [...]
[...] On the fiscal side, however, the PACS partner is treated as surviving spouse married: he is completely exempt from succession tax on property received from his deceased partner. But in absence of PACS, the surviving partner is considered as a third parti and must pay 60% of succession tax on property received from his deceased partner. Concerning the cohabitation contract, if it's dissolved because of the death of one of the parties, the surviving cohabitant is called as an heir in intestacy. The surviving cohabitant has also right to a forced share in the estate. The forced share is the half of the intestate succession share. [...]
[...] The resolution of the cohabitation contract is valid after deposition of the notarial act or by unilateral declaration to the Registery where the formation of the pact is registered. The cohabitation contract in Greece can involved an obligation of pension. Indeed it can be written in the cohabitation pact or an other notarized document that one of the parties or both of them mutually can take an obligation of pension if, after the termination of the pact, one of the parties can not survive by their income or their property. [...]
[...] As a simple cohabitation, the PACS may indeed lead to conflicts during is performance or is breakdown. The intervention of the judge is not excluded. In France and in Greece the partners are free to break the pact at any time: -by sending or delivering a joint statement at the court which proceeded in the registration of the PACS. -at the initiative of one partner, using a service by a bailiff to the other partner, whose copy is sent or delivered to the office of the district court which recorded the PACS. [...]
[...] III) Consequences of a PACS or a cohabitation contract on parties On the surname of the parties and their children The consequences of the implementation of a PACS or a cohabitation contract on behalf of the parties are the same for both types of contracts. The article 5 of the bill about the Greek contract of cohabitation precises that this contract doesn't change the name of the parties. The agreement of cohabitation does not bring about the change of the surname of any of the cohabitants. [...]
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